A registered sex offender accused of attempting to assault a young woman in Eugene may avoid prison time due to a controversial mental health designation that prosecutors say limits their ability to pursue charges.
Suspect Arrested After Alleged Attack Attempt
Authorities identified the suspect as Kerry Michael Diamond, 36, who was taken into custody Tuesday and lodged at the Lane County Jail.
According to police, the incident occurred near Bailey Hill Road and West 11th Avenue around 11 a.m., when Diamond allegedly followed a 19-year-old woman, made inappropriate remarks, and attempted to grab her.
The victim managed to draw attention from a passing driver, which helped stop the situation. Officers later located Diamond at a nearby encampment and arrested him.
He now faces multiple charges, including:
- Attempted sexual abuse (third degree)
- Attempted harassment
- Disorderly conduct (second degree)
- Criminal trespass (second degree)
‘Med Never Able’ Status Raises Legal Concerns
Despite the charges, the case may not proceed in court due to a “med never able” classification previously assigned to Diamond.
Chris Parosa explained that this designation is given after a psychiatric evaluation determines a defendant cannot assist in their own legal defense without forced medication.
Under current law, individuals with this status are often deemed unable to stand trial, making prosecution extremely difficult.
“They become essentially unprosecutable in the criminal justice system,” Parosa said, describing the designation as a major obstacle for holding offenders accountable.
Previous Case Dismissed Over Mental Health Finding
Diamond received the same designation earlier this year in a separate case involving public indecency. In February, a judge dismissed that case after determining there was no reasonable likelihood that he would regain competency to stand trial.
Systemic Issues Highlighted by Prosecutors
Parosa pointed to broader systemic challenges, including limited capacity at Oregon State Hospital and strict timelines for restoring defendants to competency.
He said the current system often allows only about 90 days for treatment in misdemeanor cases, which is insufficient for stabilizing individuals with serious mental health conditions.
“This is a failure of public policy,” Parosa said, adding that a lack of resources leaves prosecutors with few options to intervene.
Ongoing Public Safety Concerns
Law enforcement officials say Diamond has a history of troubling behavior, and the latest incident has raised concerns about community safety.
A spokesperson from the Eugene Police Department confirmed that officers recently responded to another case involving a man attacking a woman on a bike path in west Eugene, though the suspect in that case is now in custody.
Safety Advice for Residents
Police are urging residents to take precautions, including:
- Avoid walking alone in isolated areas
- Stay alert and aware of surroundings
- Project confidence, which can deter potential attackers
Officials emphasize that awareness and quick action can help prevent similar incidents.
Case Status
Diamond remains in custody as the investigation continues, but legal experts say the outcome of the case may depend largely on how the “med never able” designation is handled moving forward.
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